SB-0301, As Passed Senate, June 13, 2013
April 10, 2013, Introduced by Senator CASWELL and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 16 of chapter XV (MCL 775.16), as amended by
1980 PA 506.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XV
Sec.
16. When a person charged with having committed a felony
crime
appears before a magistrate without
counsel, and who has not
waived
examination on the charge upon which the person appears, the
person shall be advised of his or her right to have counsel
appointed. for
the examination. If the person states that he or she
is
unable to procure counsel, the magistrate shall notify the chief
judge
of the circuit court in the judicial district in which the
offense
is alleged to have occurred, or the chief judge of the
recorder's
court of the city of Detroit if the offense is alleged
to
have occurred in the city of Detroit. Upon proper showing, the
chief
judge shall appoint or direct the magistrate to appoint an
attorney
to conduct the accused's examination and to conduct the
accused's
defense. The attorney appointed by the court shall be
entitled
to receive from the county treasurer, on the certificate
of
the chief judge that the services have been rendered, the amount
which
the chief judge considers to be reasonable compensation for
the
services performed.appoint
counsel, if the person is eligible
for appointed counsel under the Michigan indigent defense
commission act.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 300
of the 97th Legislature is enacted into law.